Innocent souls put to an ordeal they are not meant for
GreaterKashmir.com (press release), India
Child labour in Kashmir
ACTS OF PROHIBITION AND REGULATION CAN ONLY WORK WHEN SITUATION ON THE GROUND IS BETTER UNDERSTOOD,
In a state initiative in the recent past, the Central Government implemented the “Child Labour [Prohibition and Regulation] Act 1986â€. This piece of social legislation will certainly have some long-term and short-term multi-dimensional implications in the broader Indian society. While the focus of this Act has been on the child workers working in the domestic and hazardous sectors, its implementation was made obligatory by all sates irrespective of their political and ideological differences.
Though this Act seems to be ‘revolutionary’ and ‘highly desirable’, it will be wise to put some points of criticism. First, this Act and other State laws do not advocate a complete ban on all forms of child labour even the definitional debates reveal some limitations of the Act. Second, it took the government 20 long years to realize that working in the domestic and hospitality sectors is hazardous to children.
Third, the Act does not include provisions for the rehabilitation of the children working in the concerned sectors. There is every possibility that many children, after being thrown out of the child centers and by not providing means of earning or survival support, may turn delinquents and criminals.
More or less same kind of criticism applies to the state of Jammu and Kashmir with regard to the implementation of this Child Labour Act. First, it is to be realized seriously that, in regard to the abolition of child labour fully, that social legislation cannot be considered sufficient for this purpose.
Strong and Continued Social Initiative in this regard is required on the part of the State as well as the Society. Second, the establishment of the necessary infrastructure in advance is highly necessary for the total realistic abolition of the child labour in the state. Third, there is an urgent need to develop scientific and professional approach to eradicate the child labour in the state in totality. It also follows that the focus of the state sponsored activities must be to improve the life conditions of the child labourers specifically. Fourth, there seems basic necessity for a scientific and professional data-bank in the state which will provide the necessary information for the said purpose.
In the preceding context, we have recently carried out a study in the topic of “Life Conditions of the Child Labourers in the Handicraft Sector in Kashmirâ€. This micro-level study had a sample of 372 respondents, i.e. 240 child labourers [CLs], 60 parents [Ps], 36 employers [Es], 12 Government Officials [GOs] and 24 Social Workers [SWs]. It was carried out in all the six districts of the Kashmir Province. The main areas of the study were Shawl-Bafi, Kaleen-Bafi, Deon-Hutch Kaem [Wood Carving] and Paper-Machie which are the dominant as well as common. The primary information was gathered from the respondents through the methods of Questionnaire and Interview. Some major findings of the study are as follows:-
01. Our research revealed that 36 Handicraft Centers were established independently by the private Employers during the period 1970-2005 in all the districts of the Kashmir valley. The number of children working in these centers in the year 2006 was 352 [40.73 percent males and 57.26 percent females]. The main motivating agents for making the Child Labourers to join Handicraft Centers where parents [in 41.25 percent cases], Friends [10.41 percent cases], Relatives [4.16 percent cases], Self motivated [31.25 percent cases] and motivated by poverty conditions [12.91].
02. It was divulged that while 147[61.25 percent] Child Labourers had 3-6 years experience in the HCs, 46 [19.16] Child Labourers had the experience of 7to 10 years, 47[19.58 percent] Child Labourers had worked in the HCs for period of 11to 14 years. Though there are many HCs functional in the Kashmir valley, four main areas of handicraft work of Shawl-Bafi, Kaleen-Bafi, Deon-hutch Kaem and paper-Machie are the dominant as well as common. While the majority of the Child Labourers [51.25 percent] consider it “desirableâ€, minority of them [48.75 percent] consider it “undesirableâ€. However, this response has to be viewed in the situational context.
03. It was found in this study that 98[40.83] Child Labourers worked at HCs, while as 90 [37.50 percent] Child Labourers worked at their homes. At the same time, 52 [21.66 percent] Child Labourers were working at the HCs as well as at their homes.
04. It was found in the study that the basic and important facilities were not provided to the Child Labourers. The details follow: (See table –I)
The responses of the Ps and Es matching the preceding response of the Child Labourers, as the former confirmed the response of the latter. All these responses revealed clearly that the Child Labourers are working in the situation in which even minimum facilities are not provided to them at the HCs, as the result of this, they usually suffer physically as well as mentally. It has been observed that the work schedule of all Child Labourers in the HCs is very tight. In this regard the relevant details show that the Child Labourers work 05.86 days in a week, on an average, 24.82 days in a month and 07.98 hours in a day. At the same time, our research divulged that they avail 01.08 days leave in a week as holidays and 04.85 days in month. In a year they avail holidays on religious festivals, important national occasions, marriage occasions and picnics.
05. This research confirmed the widespread feeling about the wage conditions of the Child Labourers and their exploitation at the hands of Es, who are the owners of the HCs. It is mainly because of the fact that the wages for the handicraft items are solely determined by the Es.
The Child Labourers [71.00 percent] and the Ps [65.00 percent] upheld the point that, after the determination of wages solely by the Es it is the Quantity or the production of work which determine the amount of wages. Since there are no set of rules or laws or directions/guidelines on the part of the government, the employer(s) take over the benefit of this and pay the least amount to the CLs.
06. Though the huge majority of the CLs, Ps and Es believed that the government has certain particular role to play in regard to the determination/fixation of the wages on all handicraft items. But the government has not done so, leading, therefore, to a situation open for the Es to exploit the wage labourers. Though 72.91 percent CLs conveyed that they are paid the wages regularly, 90.83 percent CLs felt that these wages did not satisfy them at all because these [wages] did not fulfilled their basic needs of the family.
07. The dominant response of the CLs [83.75 percent] and Ps [90.00 percent] conveyed the feeling that the former are exploited to the maximum extend. Moreover, they felt that their wages are not being increased according to the market standard of price rise.
This research revealed the following details about the monthly income of the CLs:-
Monthly income of the CLs [through regular work] (See table –II)
Monthly income of the CLs [through Theka] (See table –III)
This research upheld the point that 90.00 percent of the wages of the CLs are handed over to the Ps which is spent by them on the items of personal requirement of the CLs [50.00 percent]: saving for CLs marriage [16.66 percent] and medical requirements of the family [33.33 percent]. On the other hand, according to CLs information, their Ps spend [15.83 percent, 82.91 percent and 01.25 percent] for children, family and for both respectively.
08. This research showed that the CLs and their Ps were provided the allowances by the Es in the following details:- (See table –IV)
It is generally observed that the Es by providing this amount of loan trapped the CLs and their Ps in their exploitative framework and got, in return, much more amount than they paid to them.
09. The life long work of the CLs in the HCs has led to some disastrous, chronic diseases and life long disability among the CLs. The CLs mention the following chronic diseases among them mainly because of the work conditions and the work culture they have:- (See table –V)
Despite the fact that a significant number of CLs are suffering from many diseases primarily because of their work in the HCs, the Es do not provide all help except minor help in the cases as 22.22 percent.
10. Our research divulged the fact that 173/240[72.09percent] had dropped from the schools upto the 8th class for working in the HCs. At the same time it was observed that the dropout rate is increasing heavily .The main reasons coded for this included poverty, no interest in studies, health problems at all, motivation by the Ps and so on. However net total respondents [i.e. 98/240], 40.83% showed highly positive response to get education .This response was equal for both genders males and females
11. An enquiry was made about the situation which will emerge if the CLs are stopped to work in the HCs. we got the response which is explained in the following:-
a. Increase in food insecurity 11/60 [18.33 percent]
b. Mental/Physical/Health Problems 03/60 [05.00 percent]
c. Lack of Marriage Expenditure 02/60 [03.33 percent]
d. Abject poverty 12/60 [20.00 percent]
e. Survival difficulty 32/60 [53.33 percent]
12. In our enquiry related to the governmental and non governmental organizations, 81.66 percent CL respondents responded by saying that the government don’t play significant and decisive role. In fact they expect that they have no expectations from the govt. related to their betterment in the wages and services .But on the other hand Es are very conscious about the governmental role in the development of HCs .They expect from the govt. the facilities like determination of wages, good market facilities, Technical support, establishing primary health centers, availability of basic amenities, introduction of welfare programmes and providing raw material. In regard to the societal views about the handicraft work, while 33.00 percent CLs characterized it “goodâ€, 66.25 percent considered it “bad†and “harmfulâ€. At the same time, 65.00 percent of the Ps characterized child labour as “badâ€, but 18.33 percent of them viewed it as “normalâ€. In a situation in which they get the opportunity to take their children out of HCs, 52.50 percent responded “yesâ€, while 47.57 percent responded in “noâ€.
13. In order to know the views of the CLs about different occupations which they may adopt in case of an opportunity, they gave the names of following occupational-positions for their adaptation in future:- (See table –VI)
14. Regarding the abolition of the child labour there are distinctive views of the CLs, Ps and Es. While 96.00 percent of the CLs favour complete abolition of child labour, 04.00 percent of them do not favour it as it supports their families. About 82.00 percent of the Ps favour its abolition, 12 percent want it to go on and 06.00 percent remained silent. About 25.00 percent Es favour the abolition of the child labour, 70.00 percent oppose its abolition and 05.00 percent of them remained silent.
[Prof. B.A.Dabla is Professor, Dept. of Sociology, KU, Director of the Project and Javid Ahmad Dar Research Scholar, Dept. of Political Science, KU, Project Officer of the Project. [Research Team consisted of Prof. B.A.Dabla (Principal Investigator), Javid Ahmad Dar (Research Officer), Shahzad Ahmad Wani, Bilal Ahmad Bhat and Yasmeen Shafi (Research Investigators)]